RESTRICTED  
  
IP/C/M/100  
 
13 July 2021 
(21-5555) Page: 1/11 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 8-9 AND 29 JUNE 2021 
Chair: H.E. Ambassador Dagfinn Sørli  (Norway)  
The present document contains the record of the meeting of the Council for TRIPS held on 8, 9 and 
29 June 2021. The statements made during the meeting will be circulated in an addendum to the 
present document.  
Table of Contents  
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ ........  2 
2   REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  ................................ ................  3 
3   IP MEASURES IN THE CONTEXT OF COVID -19 ................................ .............................  3 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ .....................  4 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ .. 4 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ..... 4 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ .........................  5 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER 
ARTICLE 71.1  ................................ ................................ ................................ ...................  5 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  ................................ ......................  6 
10   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ..............  6 
11   INTELLECTUAL PROPERTY AND INNOVATION: SUMMARY ON THE 2020 
THEME – MAKING MICRO SMALL AND MEDIUM -SIZED ENTREPRISES (MSMES) 
COMPETITIVE THROUGH IP AND INNOVA TION  ................................ ................................  7 
12   INTELLECTUAL PROPERTY AND INNOVATION: INTELLECTUAL PROPERTY 
FOR INVESTMENT/FINANCING/ FUNDING  ................................ ................................ ....... 7 
13   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS 
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -
19 ................................ ................................ ................................ ................................ .... 7 
14   EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE 
TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS  ................................ ..... 8 
15   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ...............  10 
16   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL 
ORGANIZATIONS  ................................ ................................ ................................ ...........  10 
17   OTHER BUSINESS  ................................ ................................ ................................ .... 10 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
The Chair invited the Secretariat to report on notifications that the Council had re ceived since its 
meeting in  March 2021 .  
A representative of the Secretariat  said that the Council had received the following notifications 
under Article 63.2 of the TRIPS Agreement:  
a. The Republic of Korea  had notified c onsolidated versions of its Trademark Act, its Patent Act, 
and its Design Protection Act. It had also circulated a consolidated version of its Agricultural 
and Fishery Products Quality Control Act, as well as the corresponding enforcement decree.  
b. Viet Nam  had notified its Criminal Code, its Civil Code, and a number of circulars and laws 
related to the implementation and administration of its intellectual property system.  
c. Slovenia  had notified new versions of its Copyright and Related Rights Act and its In dustrial 
Property Act, transposing EU Directives into domestic law.  
d. New Zealand  had notified Amendments to its Copyright Act 1994, Patents Act 2013 and 
Trade Marks Act 2002 to implement New Zealand's commitments under the Comprehensive 
and Progressive Agr eement for Trans -Pacific Partnership (CPTPP). It had also notified a 
revised Geographical Indications (Wine and Spirits) Registration Act, including associated 
legal instruments, and an amendment to the Copyright Act to implement the Marrakesh 
Treaty to Fa cilitate Access to Published Works for Persons Who Are Blind, Visually Impaired 
or Otherwise Print Disabled.   
e. Ukraine  had notified minor corrections to already notified amendments regarding the law 
establishing its National Intellectual Property Authority .  
f. The Kingdom of Saudi Arabia  had notified licensing rules for providing intellectual property 
services, as well as a consolidated version of the revised Designs Act.  
Furthermore, Tonga  had notified its contact point for IP enforcement under Article 69.  
Regarding notifications relating to the Special Compulsory Licensing System, Antigua and 
Barbuda  had made a notification under Article 31 bis and para. 1(b) of the Annex to the TRIPS 
Agreement, indicating its intention to use the special compulsory licensing  mechanism – also known 
as the 'paragraph  6' system - as an importing Member. The Plurinational State of Bolivia  – following 
its notification in February of its general intent to use the system – had since  notified its need to 
import an estimated 15 million doses of COVID -19 vaccines under Art. 31 bis and para. 2(a) of the 
Annex to the TRIPS Agreement.   
The Chair  encouraged delegations that had notified a new or revised legislative measure, or a 
new or upda ted response to the Enforcement Checklist, to inform the Council about the key points 
of their notification. He invited delegations to share  information regarding their own notification s. 
This had become a well -established practice, followed by many delega tions at recent sessions of the 
Council. It provided valuable insight into the notifications provided and promotes awareness and 
transparency.  
The representatives of  the Republic of Korea ; Japan ; the Plurinational State of Bolivia ; the 
Central  African Republic ; the United Kingdom ; South Africa ; the European Union; and Canada  took 
the floor.  
The Chair noted that, w hile the pace of notifications to the Council ha d increased in recent years, 
they were still not keeping up with the actual development of laws and regulations relating to TRIPS. 
He emphasize d that Article 63.2 was not a "one -off" requirement. It was a core element of the TRIPS 
transparency arrangements, and a central part of the Council's substantive work. It oblige d Members 
to notify any new or amended laws in the area of TRIPS, including those recently adopted to address 
the COVID -19 pandemic.  The requirement include d the notification of legislative changes made to 
implement the special compulsory licensing system to export medicines covered by the new Article 
31bis of the TRIPS Agreement. The notification of all relevant laws and regulations c ould assist IP/C/M/ 100 
 
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  Members in preparing for the potential use of the System – a matter of immediate pra ctical concern 
at present. It would also help the Secretariat in its efforts to provide informed technical support to 
Members in this area – again, a very practical need in the context of the current global health crisis.     
He urged Members to complete a ny outstanding initial notifications and to keep up to date with 
notifications on subsequent amendments. The same applie d to the Checklist of Issues on 
Enforcement which was established by the Council as an element of Members' notification 
obligations.  
The e-TRIPS submission system was available for Members to notify their laws, and to make 
other required submissions to the TRIPS Council, through the click of a button. The system  facilitate d 
the submission of information by Members and permitted  digital ac cess, consultation and analysis of 
this information through the e -TRIPS Gateway, an easy -to use interface to search and display 
information related to the TRIPS Council. The Chair asked the delegations to contact the Secretariat 
if they had any question in  that regard.  
The Council took note  of the notifications and the statements made.  
2  REVIEW OF NATIONAL IMPLEMENTING LEGISLATION   
The Chair recalled that the Council had been preparing for the review of the national 
implementing legislation of Samoa. As noted at the last meeting , Samoa  was in the process of 
reviewing its laws, following its  recent accession to a number of WIPO treaties. In light of the 
substantial revisions that were to be expected as a consequence, the Council had agreed to wait for 
the notification of the revised domestic laws of Samoa, before commencing the review.  
He proposed that the Secretariat remain in contact with Sa moa on the progress of its new 
legislation and that the Council revert to the review at its next meeting.  He noted that the re were  
currently no reviews pending under this item. Members should feel free to revert to any matter 
stemming from previous reviews , or to seek further information on implementation of the Agreement 
in future. Any ideas how to make best use of this agenda item would be most welcome.  
The Council took note  of the information provided and agreed  to schedule the arrangements for 
the revie w of Samoa's national implementation legislation as proposed by the Chair.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
The Chair recalled that this agenda item had been discussed in the Council since its informal 
open-ended meeting on 19 June 2020 and had been on the Council's agenda at its formal meetings 
since then. In light of  the broad support for a continuation of these exchanges at the preceding  
meetings, the item was on ce again on  the agenda to facilitate exchange of views on measures 
undertaken as the pandemic persists.  
As one basis for the Council's exchange , he referred to the compilation "COVID -19: Measures 
regarding trade -related intellectual property rights " that was availabl e from the WTO website1 and 
contain ed a non -exhaustive list of IP -related measures taken in the context of COVID -19, compiled 
by the Secretariat from official sources and verified by the Members concerned. This list was updated 
continuously, even if the r ate at which new measures are brought to our attention ha d slowed 
considerably since the last meeting. He encourage d Members to inform the Secretariat of any 
measures that should be included on this list, as well as any update or information on the expiry , or 
end of application , of such measures.  He invited Members to inform the Council on their measures.  
He suggested that, on this occasion, this item also be used to hear from the Secretariat 
regarding other information it had been asked to compile. He reca lled that in earlier meetings of the 
Council, and in the General Council, a number of Members had asked the Secretariat to provide and 
compile data on the number of voluntary license agreements regarding COVID -19 vaccine production 
over time, and on the pr ojected and observed volume of vaccine dose production under these 
agreements. Given that this request also related to information compiled by the Secretariat the Chair 
suggested that this be dealt with under this item. It was his understanding that the Se cretariat had 
 
1 www.wto.org/english/tratop_e/covid19_e/trade_related_ip_measure_e.htm  IP/C/M/ 100 
 
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  circulated an initial set of data in a room document RD/IP/43 and would be ready to provide a short 
introduction to this document.  
The representatives of Chile; the United States ; and China  took the floor.   
The Secretariat  took the floor to present  documents  RD/IP/43 and RD/IP/44.  
The representatives of Sri Lank a and South Africa  took the floor.  
The Chair  thanked the Secretariat for the information presented and said that an update of such 
information would be appreciated and would contribute to the deliberations of the Council.   
The Chair  proposed that, in view of the continued interest on this agenda item, the Council 
agree to revert to the item at its next meeting, so that the exchanges can once again take place, 
includ ing on the basis of the updated Secretariat document of COVID -19 related IP measures.  
The Council took note  of the statements made and agreed to revert  to this item at its next 
meeting.   
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE  TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
The Chair  said that the next three agenda items concern ed the Review of the Provisions of 
Article  27.3(b), the Relationship between the TRIPS Agreement and the Convention on Biological 
Diversity and the Protection of Traditional Knowledge and Folklore . Following past practice, he 
proposed that these three items be addressed together.  
He recalled that one tool for the review under  agenda  item 3 was the information provided by 
Members in response to a list of questions on Article 27.3(b). The "Annual Report on Notifications 
and other Information Flows" that had bee n introduced, under agenda item one, illustrated that 
responses to this checklist had been rather sparse recently. So far, only 28 Members had responded 
to the list of questions on Article 27.3(b), with Saudi Arabia being the most recent Members to submit 
responses . He encourage d delegations to submit responses to this Checklist or update their previous 
responses , as well as notify any relevant changes in legislation. He invited the delegation of Saudi 
Arabia to introduce their responses.  
The Chair recalle d that two long -standing procedural issues under these items had also been 
discussed extensively , on the record, at every regular meeting of the Council for many years:  
a. the suggestion for the Secretariat to update the three factual notes on the Council's 
discussions on the TRIPS and CBD and related items; these notes were initially prepared 
in 2002 and last updated in 2006; and  
b. second, the request to invite the CBD Secretariat to brief the Council on the 
Nagoya  Protocol to the CBD, initially proposed in Oct ober 2010.  
Members' positions on these issues were well known and already extensively recorded in the 
Council's minutes. He encouraged delegations to focus on suggesting solutions, when addressing 
these procedural questions.  
The representatives of Tanzania , on behalf of the African Group ; Bangladesh ; South  Africa ; 
China ; the United  States ; Nigeria ; Indonesia ; Brazil ; Egypt ; Chile; and India took the floor.  
The Council took note  of the statements made and agreed  to hold consultations to resolve the 
outstanding procedural issues.  IP/C/M/ 100 
 
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  7  NON-VIOLATION AND SITUATION COMPLAINTS  
The Chair said the next agenda item was another longstanding issue, i.e. the examination of 
scope and modalities for non -violation and situation complaints, in line with the initial mandate in 
Article 64.3 of the TRIPS  Agreement , which required recommendations to b e submitted to the 
Ministerial Conference in 1999.  
The Chair  recalled that, on 10 December 2019, the General Council had directed the 
TRIPS  Council to continue its examination of the scope and modalities for non -violation and situation 
complaints (NVSCs) and to make recommendations to  the Twelfth WTO Ministerial Conference 
(MC12) . It was also agreed that, in the meantime, Members would not initiate such complaints under 
the TRIPS  Agreement. The issue had been discussed at each formal meeting of the Council, as well 
as at informal consultations. He held the most recent informal consultations with a small group of 
the most active Members on 10 February  2021.  
He said that, at the formal Council meeting in Ma rch, his predecessor had shared her impression 
that a number of common understandings regarding TRIPS non -violation could in fact be harvested 
from the past discussions among delegations. In an effort to bring movement into this long -standing 
and stalled d ebate, she had reiterated her suggestion for the Council to identify such areas of 
agreement – either through delegations' suggestions, or through proposals by the Chair on the basis 
of discussion records – in order to help focus the discussion on areas of  disagreement. These 
suggestions did, however, not attract consensus, and Members reiterated their known positions 
regarding the applicability of NVSCs in the TRIPS area generally.  
At consultations he held on this matter on 24 March, Members' appetite for  engagement had 
not changed, and there was no interest in a chair -led process in this regard. Some delegations 
already anticipated a political linkage of this item with the E -commerce moratorium at the time of 
MC12. In light of this, he had emphasized that , while he was ready to facilitate process, there would 
be no outcome without Members' engagement. Against that background, he said, Members were 
now once again in the familiar situation where a Ministerial Conference was approaching, and 
delegations' posi tions remained as polarized as ever.  
His role as Chair was to recall that the mandate given to the Council is "to examine scope and 
modalities for such complaints under the TRIPS Agreement, and to make recommendations to the 
next ministerial conference". He emphasized that MC12 was now only six months away, and there 
remained only one regular formal TRIPS Council meeting at which the Members could formulate a 
recommendation as instructed.  
  Against this background, the Chair invited Members to share their views on how to progress 
the Council's work in this item between now and MC12.  
The representatives of Brazil ; Tanzania on behalf of the African Group ; Chile; Bangladesh ; 
Egypt ; Australia ; Argentina ; the Russian Federation ; South Africa ; the European Union ; Nigeria;  
China ; Canada ; Indonesia ; the Plurinational State of Bolivia ; the United States ; Sri Lanka ; 
Switzerland ; and India took the floor.   
The Council took note  of the statements made  and agreed  to revert to this matter at its next 
meeting .  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
The Chair recalled that Article 71.1 required the TRIPS Council to conduct a review once every 
two years. However, as the Council had not completed its initial review in 1999,  no subsequent 
review had been initiated since then. TRIPS  Council  Chairs had often highlighted the fact that there 
were a few long -standing review items on the agenda of the TRIPS Council under which there had 
been little or no activity for a number of ye ars now.  
He said that there was notable interest among delegations in discussing intellectual property 
law and policy matters relevant to TRIPS, for instance in the context of Trade Policy Reviews. Such 
discussions could easily find a regular home under th e broad mandate of the "Review of the 
Implementation of the TRIPS Agreement under Article 71.1".  Revitalizing the mandated reviews of IP/C/M/ 100 
 
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  the TRIPS Council could be very useful for Members to share information and experiences in 
implementing the TRIPS Agreeme nt.  
The Council agreed  to revert  to the matter at its next meeting.  
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
The Chair said that Article 24.2 of the TRIPS Agreement required the Council to keep under 
review the application of the provisions on geographical indications  (GIs). The principal tool used for 
the review was the Checklist of Questions.2 He recalled that, of the 164 WTO  Members, only five had 
responded to the Checklist. Many of the earlier responses were also likely to be outdated. This did 
not adequately reflect the fact that GI protection had been an active area of legal and policy 
development at domestic level and in free trade agreements (FTAs).  The "Annual Report on 
Notifications and Other Information Flows" provided a Member -by-Member overview of Members' 
notifications in this area. He invited delegations to check whether their responses  to the GI checklist 
might merit updating.  
He encouraged delegations to provide responses to the Checklist or to update earlier responses. 
The e -TRIPS Submission System provided an easy and convenient online tool to provide responses 
to the Checklist. In line with the Council's  recommendation of March 2010, he also invited Members 
to share information regarding GI chapters in their bilateral agreements.  
The Council agreed to revert  to the matter at its next meeting.  
10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
The Chair  said that the Council had regularly conducted annual reviews of technical cooperation 
and capacity building activities at its end of the year meeting. These reviews were based on reports 
submitted  by developed country Members, international organizations and the WTO Secretariat. He 
invited the Secretariat to recall the usual arrangements for such reviews.  
A representative of the Secretariat  said the usual procedure was to invite developed -country 
Members to submit information on their activities pursuant t o Article 67 of the TRIPS Agreement to 
be reviewed at the last Council meeting of the year. Other Members who also engaged in technical 
cooperation were also encouraged to share information. Intergovernmental organizations with 
observer status in the TRIPS  Council, as well as the WTO Secretariat, were also invited to report on 
their relevant activities. The requested written information would usually be made available four 
weeks prior to the next meeting, in order to allow timely circulation before the meet ing. In view of 
the dates of the next TRIPS Council meeting (13 -14 October 20 21), this would mean that written 
information should be submitted by 15 September 20 21. 
The Chair  said that documentation on this topic was usually quite extensive. To ensure a 
streamlined and systematic approach to the management of documentation, members were 
requested to use the e -TRIPS  Submissions System, which allowed the convenient preparation of 
such submissions, both in capital and at Geneva missions. The Secretariat  would be pleased to 
provide informal support and background to interested delegations.  
The representatives of Bangladesh ; and the World Intellectual Property Organization  took the 
floor. 
The Council agreed  to proceed in the usual manner and to revert  to the matter at its next 
meeting.  
 
2 Documents IP/C/13 and IP/C/13 /Add.1 . IP/C/M/ 100 
 
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  11  INTELLECTUAL PROPERT Y AND INNOVATION: SUMMARY ON THE 2020 THEME – 
MAKING MICRO SMALL AND MEDIUM -SIZED ENTREPRISES (MSMES) COMPETITIVE 
THROUGH IP AND INNOVATION  
The Chair  recalled that this item had been put on the agenda at the request of Australia, Canada, 
the European Union, Japan, Switzerland, Chinese Taipei, and the United States. A communication 
had also been circulated in documents IP/C/W678 and IP/C/W/678/Rev.1 . Since the circulation of 
the document, the United Kingdom, Chile and Singapore had also co -sponsored this item and the 
corresponding documents.  
The representatives of the United States ; Switzerland ; Australia ; the United Kingdom ; 
Singapore ; Japan ; Brazil ; and South Africa  took the floor.  
The Council took note  of the statements made.  
12  INTELLECTUAL PROPERT Y AND INNOVATION: INTELLECTUAL PROPERT Y FOR 
INVESTMENT/FINANCING/ FUNDING  
The Chair  recalled that this item had been put on the agenda at the request of Australia, Canada, 
Chile, The European Union, Japan, Switzerland, Chinese Taipei, the United Kingdom and the United 
States, and subsequently co -sponsored by the delegations of Brazil and  Singapore.  A communication 
had also been circulated in document IP/C/W/679.  
The representatives of the United Kingdom ; Switzerland ; the United States ; Australia ; 
Singapore ; Japan ; Canada ; Chinese Taipei ; the European Union ; Brazil ; China ; Côte d'Ivoire ; the 
United Kingdom ; and Jamaica  took the floor.  
The Council took note  of the statements made.  
13  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
The Chair  recalled that the last formal meeting on 30 April had been dedicated to the "Proposal 
for a Waiver from Certain Provisions of The TRIPS  Agreement for the Prevention, Containment and 
Treatment of Covid -19" had been circulated by India and South Africa on 2 October 2020.3 It had 
since been co -sponsored  by the delegations of Kenya, Eswatini, Mozam bique, Pakistan, Bolivia, 
Venezuela, Mongolia, Zimbabwe, Egypt, the African Group, the LDC Group, the Maldives, Fiji, 
Namibia, Vanuatu, Indonesia and Jordan.  
Since the formal meeting on 30 April, the co -sponsors had circulated a joint statement on 
17 May 2021, which had been circulated in document IP/C/W/677, and a revised decision text for 
the proposed waiver on 21 May 2021, which had been circulated in document IP/C/W/669/Rev.1.  
At the request of co -sponsors, the Council had held an open -ended informal m eeting on 31 May 
where the co -sponsors presented the revised proposal, and Members had had a first opportunity to 
exchange views on the revised proposal. He said that, at the conclusion of the meeting, he had noted 
that a large number of delegations had ca lled for the commencement of text -based negotiations, 
and that he had appealed to those Members to come forward with their suggestions regarding 
practical modalities and formats for such a process. To Members that had indicated that they were 
still examini ng the revised proposal, he had expressed his hope that they would be in a position to 
engage in a more substantive discussion at the formal Council meeting. To Members that had 
indicated their intention to present concrete proposals in the near future, he  had urged them to 
submit such proposals sooner rather than later in order to enrich the Council's deliberations, and 
given the urgency of this issue as underlined by most Members.  
He said that he had also reminded Members that the next regular formal mee ting of the Council 
was scheduled for 13 -14 October, and that Members should reflect on how the Council should report 
to the next General Council meeting scheduled for 21 -22 July. In addition to comments related to 
the substance of the proposal before the Council , he invited delegations to express their views on 
 
3 Document IP/C/W/669  IP/C/M/ 100 
 
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  how this issue should be taken forward, so that he and the Secretariat could make appropriate 
arrangements.  
The representatives of South Africa ; Tanzania , on behalf of the African Group ; Mongolia ; 
Malaysia ; Fiji; Egypt ; Pakistan ; Sri Lanka ; Indonesia ; Bangladesh ; Australia ; Mexico ; the 
Plurinational State of Bolivia ; the European Union ; the Bolivarian Republic of Venezuela ; Paraguay ; 
Maldives ; Chinese Taipei ; the Republic of Korea ; Nepal ; Turkey ; Canada ; Chile; Singapore ; Jordan ; 
New Zealand ; Vanuatu ; Ukraine ; Norway ; China ; Hong Kong, China ; Brazil ; the United Kingdom ; 
Switzerland ; Japan ; the Russian Federation ; El Salvador ; Mozambique ; Philippines ; Angola ; Jamaica ; 
the United States ; Peru; Argentina ; Chad on behalf of the LDC Group ; Viet Nam ; Namibia ; the 
European Union ; India; and Iran took the floor.  
The Chair  said that  while he detected continuing disagreement about certain fundamental 
questions regarding the issues underlying the waiver – and remaining questions on the revised 
provisions on scope and termination – he had also not heard any objection s to engaging in a 
text-based process on the waiver proposal. In light  of the urgency of the matter , he would consult 
with Members regarding the timing and format of such a process, which could have the General 
Council scheduled for 21 -22 July as a natural target date. Such a process would always need to 
respect the principl es of openness, inclusiveness and transparency. With this in mind, he was 
planning to convene an open -ended informal meeting on 17 June 2021 to inform Members on his 
consultations on the matter until that time, and on the possible process leading up to Jul y. 
He echoed the Director -General in saying that the issue of equitable access to vaccines, 
diagnostics and therapeutics was both the moral and economic issue of our time , and an  issue which 
needed to be addressed with urgency. He said that that Members share d the common goal of 
providing equitable access to these products for the global population as soon as possible, even if 
they differ on where to place the emphasis of this endeavour . He was hopeful that in continuing 
urgent and focused discussion on the IP issues relevant to the pandemic, Members could soon agree 
on pragmatic solutions to any problems that can directly improve Members' pandemic response.  
The Council took note  of the statements made and agreed to revert  to the matter at its next 
meeting.  
14  EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS 
AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS  
The Chair recalled  that the general transition period for least develop ed country Members had 
been extended twice , most recently by the TRIPS Council decision IP/C/64 of 11 June 2013, and was 
currently set to expire on 1 July 2021 – in less than one months' time. With respect to  extensions of 
this period, he noted that the se cond sentence of Article 66.1 of the TRIPS Agreement provide d that 
"The Council for TRIPS shall, upon duly motivated request by a least developed country Member, 
accord extensions of this period."   
He also recall ed that, under a parallel decision concerning specifically pharmaceutical products, 
the Council ha d extended the transition period for LDC Members until 1 January 2033 or until such 
a date on which they cease to be a LDC Member, whichever date is earlier. During this period, LDC 
Members concerned were not obliged to implement or apply the sections of the TRIPS Ag reement 
regarding patents and the protection of undisclosed information, nor to enforce rights provided under 
these sections, insofar as pharmaceutical products were concerned.  
He reminded the council that the LDC Group had circulated its request for an ex tension in 
document IP/C/W/668  on 1 October 2020. After having held consultations, at the formal meeting of 
the Council in March, his predecessor had shared her impression that (1) delegations were in principle 
favourable to extending the transition period for LDCs, that (2) some delegations  had expressed a 
preference for extending the period for a limited number of years, and that (3) others had raised 
additional questions on how the request for a transition period for graduated LDCs related to 
Article  66.1. At that meeting , the Council had requested the incoming Chair to hold consultations on 
this matter.  
He said that, s ince March, he had been in touch with the LDC Group coordinators and a number 
of delegations in various formats. At the request of the LDC Group he had held a series of inten sive IP/C/M/ 100 
 
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  consultations with the LDC Group coordinators and five developed country delegations which the 
LDC Group had identified.  
Based on the interventions by delegations in these consultations, it was his reading that there 
was broad willingness to grant an  extension of the transition period for LDCs on the basis of the 
2013 decision. However, regarding the request for additional years of transition after graduation of 
LDCs there were more questions – and it was the view of a number of delegations that such a request 
was not covered by the Council's mandate in Article 66.1.  
Given that the LDC transition period expire s on 1 July of this year, and – according to the UN 
Department of Economic and Social Affairs website – the next LDC graduations of WTO LDC Memb ers 
were not expected before 2024, it had seem ed to him that the most immediate – indeed, pressing 
– issue was the extension of the transition period for those Members that are currently LDCs under 
Article 66.1. This affect ed their status already next month, whereas the status of graduating LDCs 
would not be a practical issue for at least three years.  
In light of this scenario, and as a pragmatic approach to address the most pressing issue first, 
he had  suggested during the co nsultations that these two issues could be discussed separately. He 
had proposed that delegations could first work towards a decision on extending the LDC transition 
period under Art. 66.1 based on similar terms as in 2013, so that such a decision could be  adopted 
at present meeting of the Council.  
As regards the question whether members should be granted additional years of a transition 
period also after graduation , he had  suggested that this could become the subject of a focused 
discussion – in the TRIPS  Council or elsewhere – where the systemic issues Members ha d raised in 
this regard could be addressed more broadly, and with a somewhat longer time horizon.  
He said that his  suggestion had, however, not been taken up by delegations, and the LDC Group 
had requested an informal open -ended meeting of the Council on this subject which was then 
organized on 4 June 2021.  
At that meeting, Members had had an opportunity to exchange views and listen to each other’s 
concerns. His assessment was that the meeting had confirmed that agreement on extending the 
transition period for LDCs was within reach, even if the question of duration remain ed to be solved, 
while disagreements remain ed over the proposal to extend the transition period beyond graduation.  
 In short, he said, Members had not been able to make as much progress as he had hoped when 
he had briefed Members on the consultations on 30 April 2021. His objective had been to have a 
basis for a decision to be adopted at this Council meeting. Given that this ha d not been possible and 
given that the current transition period will expire in three  weeks from now, he encouraged 
delegations to share their thoughts and suggestions on how the Council could possibly address this 
issue.  
The representatives of Chad on beha lf of the LDC Group ; Bangladesh ; Tanzania  on behalf of the 
African Group ; Nepal ; Senegal ; Angola ; Chile; Uganda ; Vanuatu ; Pakistan ; Malawi ; Mongolia ; India; 
Myanmar ; Argentina ; Brazil ; Mozambique ; China ; South Africa ; Australia ; Norway ; the 
United  States ; Canada ; Switzerland ; Japan ; the European Union ; the United Kingdom ; Turkey ; 
Togo;  and Zambia  took the floor.  
The Chair suggested to keep this agenda item open with a view to reconvening the meeting as 
appropriate when delegations were ready to take a dec ision on this item.  
The Council took note  of the statements made and agreed  to keep the agenda item open.  
At the Council for TRIPS reconvened formal meeting of 29 June 2021, the Chair proposed that 
the Council adopt the "Draft Decision on the extension of the transition period under Article 66.1 for 
least developed country Members", that had been circulated in document JOB/IP/46 on 
25 June 2021. He recalled that this decision had been discussed in small group consultations in the 
previous week, and had been briefly introduced at an informal meeting of the Council the same 
afternoon, where Members had also been briefed on the consultations that had led to this agreement. IP/C/M/ 100 
 
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  In light of thos e discussions, he suggested that the Council adopt the decision as contained in 
document JOB/IP/46.  
The Council so agreed .4 
The Chair thanked all delegations for their good faith efforts to find a solution to this matter in 
time before the current transition period expired the following day. He also shared his understanding 
that the question whether newly graduated LDC members should be  accorded additional flexibilities 
under the TRIPS Agreement after their graduation had not disappeared. It was his understanding 
that the LDC Group and certain delegations agreed in their contacts that this post -graduation element 
of the request would bes t be pursued under the LDC proposal already on the agenda of the General 
Council. He encouraged all delegations to engage in that discussion constructively and in good faith.  
 The representatives of Chad on behalf of the LDC Group ; Bangladesh ; the United Kingdom ; 
Nepal ; Tanzania on behalf of the African Group ; Afghanistan ; Malawi ; the United States , Japan ; 
Switzerland ; Togo; Canada ; China ; Mauritius ; the European Union ; Korea ; India; Myanmar ; 
Mozambique ; South Africa ; Australia ; the Central African Republi c; Egypt ; and Pakistan  took the 
floor. 
The Council took note  of the statements made .  
15  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
The Chair said that the delegation of Antigua and Barbuda  had deposited its instrument of 
acceptance on 12 May 2021. This meant that, to date, 13 3 Members had accepted the TRIPS 
amendment. Under the General Council Decision of 10 December 2019,5 the period for acceptance 
of the Protocol had been extended until 3 1 December 2021. He had encouraged the remaining 3 1 
Members who are yet to accept the Amendment to do so expeditiously.  
He invited the Secretariat to provide the regular briefing on IP -related issues considered in the 
context of individual Members' trade p olicy reviews, and in the Director -General's Monitoring Report.  
The representative of the Secretariat  took the floor.  
The Council took note  of the information provided.  
16  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
The Chair  said that the updated list of pending requests for observer status in the TRIPS Council 
by intergovernmental organizations6 was available and that the information provided by the relevant 
intergovernmenta l organizations was posted on the Members' website.7  
The Chair  recalled that, at its meeting in November 2012, the Council had agreed to grant 
ad hoc observer status on a me eting-to-meeting basis to the European Free Trade Association 
(EFTA). Since then, the invitation had been renewed at each meeting. He suggested that EFTA be 
invited to attend the next formal meeting on an ad hoc basis.  
The Council agreed  to invite EFTA to attend the next meeting on an ad hoc  basis.  
17  OTHER BUSINESS  
Annual Review of the Special Compulsory Licensing System  
The Chair said that, at the meeting that had taken place on 3 February 2017, the Council had 
taken note of the entry into force of the amend ed TRIPS Agreement. At that time, Members had said 
 
4 The Council's decision on "E xtension of the Transition Period under Article 66.1 for Least Developed 
Country Members " was subsequently circulated in document IP/C/88.  
5 Document WT/L/1081.  
6 Document IP/C/W/52/Rev.14  
7 https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm  IP/C/M/ 100 
 
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  this would also be the moment to consider in greater detail how the Special Compulsory Licensing 
System could be effectively used as a practical procurement tool to respond to public health needs. 
Members had also proposed several accompanying measures, including legislative advice to 
implement the mechanism into domestic law and capacity building activities. Since then, as 
highlighted under item 1 of this meeting, more Members have made efforts to us the s ystem in the 
context of their pandemic response.  
The next annual review of the System could be usefully guided by the issues that Members had 
already identified in the past, as well as more recent experiences of Members that are currently using 
the system . As part of the annual review, Members might  also wish to consider discussing any 
measures taken to implement and use the Special Compulsory Licensing System under Article 31 bis 
of the TRIPS Agreement into domestic law, including in the context of COVID -19. 
The Chair encourage d Members to make proposals on how to take this issue forward and shared 
his intention to consult Members in the coming weeks on how to prepare for a meaningful review.  
He would welcome delegations' active support in preparing for and  carrying out substantive 
discussions.  
19th Annual Review under Paragraph 2 of the Decision on the "Implementation of 
Article 66.2 of the TRIPS Agreement"  
The Chair  said that paragraph 1 of the Decision on the Implementation of Article 66.28 provided 
that developed country Members shall submit annual reports on actions taken or planned in 
pursuance of their commitments under Article 66.2. For this purpose, they had to provide new 
detailed reports every third year and, in the intervening years , provide updates to their most recent 
reports. For 2021 , developed country Members were expected to provide new detailed reports. 
Paragraph 2 of the Decision said the Council would review these updated reports at the last meeting 
of the year.  
He proposed that developed country Members be requested to submit their updates by 
15 September, i.e. the same date as the deadline for submission of Technical Assistance Reports. 
The submission date was about four weeks before the last meeting, scheduled for 
13-14 October  2021, and would allow timely circulation of the documents.  
The information to be provided in the reports was specified in paragraph 3 of the Decision. In 
the past, Members had considered some practical approaches to streamlining their submission and 
management of this information. He requested reporting Members to use the e -TRIPS Submission 
System to submit this information. To assist Members, the Secretariat had organized two webinars 
on the use of e -TRIPS to submit reports , which were available on t he e-TRIPS website . The 
Secretariat was also available to provide informal support and background information in this regard.  
The Council so agreed . 
Other Planned Activities for the Benefit of LDCs  
The Chair  said that, in connection with Article 66.2, the Secretariat was planning for the 1 5th 
Workshop on Technology Transfer. After the success of the arrangements this year, the Secretariat 
is planning to organize this workshop back -to-back with the Council's meeting in early 2022. The 
Secretariat will be in touch with the delegations concerned to prepare for the Workshop.  
Date of Next Meeting  
The Chair recalled that, a s agreed by the TRIPS Council in October last year, the next meeting 
was scheduled for 13 -14 October 2021.  
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8 IP/C/28